The High Court this afternoon has dismissed an application for an injunction to prevent the removal of Mr Troy Newman-Mariotti from Australia.
As a result, I have instructed the Department to now expedite his removal.
Mr Newman-Mariotti arrived in Australia yesterday without a visa. The visa had been cancelled by the Department of Immigration and Border Protection and Mr Newman was aware of that cancellation, but chose to travel to Australia illegally.
Australian Border Force officers identified Mr Newman-Mariotti on his arrival in Melbourne and detained him.
He then brought legal action in the High Court to prevent the Department of Immigration and Border Protection returning him to America.
Mr Newman-Mariotti has been treated in the same manner as any other illegal arrival.
Any person who enters Australia without a valid visa and does not have a lawful basis to remain in Australia is expected to depart.
His detention and removal is entirely related to his decision to openly flout Australian law and travel to Australia without a valid visa.
I have also instructed the Department to commence enquiries to determine the circumstances through which Mr Newman-Mariotti was able to board a flight in the United States of America and travel to Australia despite alerts in the Movement Alert List system. Any airline involved faces a fine for carriage of a person who does not hold a valid visa.
This Government is committed to strong and consistent policies to keep our borders secure and our communities safe.
I commend the hard-working men and women of the ABF involved for their diligence.